Magic circle duo become second and third direct High Court appointees from private practice
New High Court judges include first woman appointed directly from private practice
October 01, 2018 at 09:00 AM
3 minute read
Lawyers from Allen & Overy (A&O) and Freshfields Bruckhaus Deringer have become the second and third solicitors in history to be appointed directly to the High Court bench from private practice.
Ed Murray, the co-founder of A&O's derivatives practice, has been assigned by the Lord Chief Justice to the Queen's Bench Division, while Freshfields corporate tax consultant Sarah Falk (pictured) has been assigned to the Chancery Division, with both taking up their roles today (1 October).
Murray has been at A&O for almost 30 years, after joining the firm in 1990. He co-founded the magic circle firm's derivatives practice the following year as a senior associate, before making partner in 1993.
In 2013, he retired as a partner, becoming a part‑time consultant to the firm, to spend more time on judicial work, teaching and legal writing, and in September that year he became a deputy High Court judge in the Chancery Division.
Falk, meanwhile, made partner at Freshfields in 1994 and has been a consultant since 2013, when she retired from the partnership.
She also has previous judicial experience, having been appointed as a deputy judge of the Upper Tribunal, Tax and Chancery Chamber in 2015, and will be the first woman to have been appointed directly to the High Court bench from private practice.
Major deals she has advised on during her time at Freshfields have included the split-up of EMI in 2011 and Swiss Re's $1.5bn purchase of Barclays' UK life insurance unit in 2008.
Murray said: "I am tremendously honoured to have been appointed to the High Court directly from private practice at this amazing firm. It could not have happened without the support and warm encouragement I have had from the partners in international capital markets and from senior management ever since I first started sitting as a part-time judge."
A&O's global international capital markets head David Benton added: "Ed will be very much missed at A&O. He has made a massive contribution to the firm – not just by being a superb lawyer but by having the vision and courage to set up a derivatives practice in the days when derivatives were generally thought to be inconsequential and niche."
Freshfields senior partner Edward Braham said: "It has been a privilege to work with Sarah. She is an exceptional lawyer with an impressive track record in private practice, and we wish her every success as a High Court Judge."
Former UK Supreme Court judge Lord Collins of Mapesbury became the first-ever solicitor to be appointed to the High Court bench from private practice in 2000. He was previously a partner at legacy Herbert Smith, where he specialised in international law. He retired from the Supreme Court in 2011 after serving two years on the highest judicial bench, before joining Essex Court Chambers as a full-time arbitrator.
This May, it was reported that Lord Chancellor David Gauke had held discussions with City law firms with a view to encouraging more solicitors to join the judiciary. Gauke, who was a lawyer with Macfarlanes before entering politics, has previously suggested that City solicitors opt against leaving private practice as their salaries will fall and that too many solicitors do not consider the option of joining the judiciary until later in their careers.
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